20th February 1799
Reference Numbert17990220-61
SentenceImprisonment > newgate; Corporal > private whipping

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193. JOHN SMITH was indicted for feloniously stealing, on the 31st of January , 19s. 4d. the monies of Cosmo Truppo .

COSMO TRUPPO sworn. - I was born in Italy, but have served his Majesty twenty-seven years. On the 31st of January, between eight and nine in the evening, the prisoner met with my servant in Castle-street, Oxford-market.

EDWARD BRUNTON sworn. Q. How old are you? - A.Foureen. I am servant to Mr. Truppo, who keeps a public-house ; I went to No. 44, Castle-street , with a quartern of brandy and a pot of twopenny; the prisoner came up to me, and asked me if I lived over the way, and I said, yes; he told me to bring a pint of rum, and change for a guinea, to Mrs. Tate's, No. 46, in Castle-street; I took the rum and the change; he asked me for the change, and desired me to go back and get a paper of tobacco and two pipes; he did not take the rum; I gave him the change.

Q.Where was he at that time? - A. Standing at No. 46; he wanted me to go for the pipes, and I told him, that he was a stranger to me, and I could not go by myself; I knew the people in the house very well, by living with my master two months; so he came over with me as far as the bar-window, then he wanted me to go in for the tobacco and pipes; I told him to go in with me for the tobacco and pipes, and give my mistress the guinea; he said, he did not like to go in; I told him again, I could not go in without him, because he was a stranger to me; so then he went back again, and knocked at No. 47, Mrs. Barr's; and says he, this is mine; that was the money, he meant he had the money in his hand; and as soon as he had knocked at the door, he ran away as hard as ever he could; I ran after him, and called out, stop thief, and had him stopped; Mr. Herbert, the butcher, happened to be making water, and he caught him.

Q.Then you never lost sight of him? - A. No.

Q.What became of the guinea? - A. He threw all the money away.

Q.Before he was stopped? - A. No; as soon as Mr. Herbert stopped him, he threw it away.

Q. What did your change consist of? - A.Half-a guinea in gold, and a seven-shilling piece in gold, one shilling and six-pence in silver, and fourpennyworth of halfpence.

Q. Are you sure the prisoner is the boy? - A. I am certain he is the man, I am sure of it.

JOHN EDWARDS sworn. - I was coming along, and this little boy cried out, murder, and stop thief; I saw the prisoner run from him, and I pursuad him; I had almost got up with him, when a gentleman caught him, and I came up and assisted him.

Prisoner's defence. I never saw it nor had it; I was walking along.

The prisoner called Thomas Tunstall , who said, he had not known him for the last twelve months, but before that time, he bore a good character.

GUILTY (Aged 18).

Confined one month in Newgate , and whipped in the Jail .

Tried by the second Middlesex Jury, before Mr. COMMON SERJEANT.

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